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HomeMy WebLinkAboutZBA_02181992ti ZONING BOARD OF APPS MINUTES 92vwxx_4 N 1'�� February 18, 199211, � .1vcoC3;1 �LT(� The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA, at 7:30 P.M. Present at the hearing were the following members: George Wojtkiewicz, Chairman; Eric Butler, Acting Clerk; Karl Clemmey; Peter DeTrolio and Richard Secher, Associate Members. The hearing on the application of Elizabeth A. Clemmey for a Variance from Section 4 Schedule 4.2.1 of the Zoning By -Law to reconstruct front stairs and add overhang to an existing structure at 396 West Street with less than the required minimum front yard setback in the R -2 Zone began at 7:30 P.M. Mr. Secher and Mr. DeTrolio were appointed as voting members for this hearing in place of Mrs. Cotton and Mr. Flynn. Mr. Clemmey left the room and did not participate in the discussion of this hearing as he is an abutter. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a Plan of Land dated 1/15/92 prepared by Dunn & McKenzie Survey Company of Foxboro, MA, as Exhibit "C "; and an architectural rendition of stairs and overhang as Exhibit "D ". Mr. Butler read a letter from the Planning Board into the record. With seven members present, they voted unanimously to send a positive recommendation on the application. Waldo Cruickshank, Ms. Clemmey's contractor, presented the case to the Board. Mr. Cruickshank asked the Board to make a determination on whether or not a variance is needed. He explained that Ms. Clemmey's house, built in 1943, included front stairs 17 feet from the front property line, which is non- conforming. The new stairs, which turn after a 3' x 3' upper platform and run along the side of the house, would be less non- conforming as they would be 21.5 feet from the front property line. Mr. Cruickshank further explained that he added an overhang, to make the construction safer, which is 20.5 feet from the front property line. Mr. Wojtkiewicz asked if the stairs and overhang were already constructed. Mr. Cruickshank stated that they were already constructed as he thought the stairs /overhang were less non- conforming than the previous stairs. He further explained that in dealing with other towns, he has never had a problem when the construction was less non- conforming. Mr. Butler asked if a building permit was obtained, and Mr. Cruickshank stated that he obtained a building permit to rehab the house, not explicitly for the front stairs. An abutter, Celeste .zones of 60 S. Walnut Street, asked why the stairs /overhang were built before obtaining a building permit. Mr. Cruickshank again explained that he did not think he needed a Minutes of February 18, 1992 Page 2 of 4 building permit because the stairs /overhang were less non- conforming than the previous stairs. Mrs. Jones then stated that she was not opposed to the construction. The hearing ended at 7:40 P.M. The hearing on the application of David and Barbara Conley for a Variance from Section 4 Schedule 4.2.1 and Section 1.5.17a of the Zoning By -Law to subdivide a lot between Pine and West Streets (Map 5, Lot 46), creating two lots, both having less than the required minimum frontage and lot width in the R -1 Zone began at 7:45 P.M. Mr. Secher and Mr. DeTrolio were appointed as voting members for this hearing in place of Mrs. Cotton and Mr. Flynn. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; a Plan of Land dated 11/15/91 prepared by David E. Grant of Mansfield, mA, as Exhibit "C" ; and a Plan of Land including proposed locations of driveways, dwellings, and septic systems dated 11/15/91 prepared by David E. Grant of Mansfield, MA, as Exhibit "D ". Mr. Butler read a letter from the Planning Board into the record. with seven members present, they voted four in favor and three opposed to send a positive recommendation on the application. Mr. Wojtkiewicz asked if Mr. Conley was aware that a variance was granted in 1978 on the same lot. Mr. Conley stated that he now knows a variance was granted when Walter Alfieri owned the lot, but at that time the lot only had one entrance on West Street. Mr. Wojtkiewicz read the grounds from the application. Mr. Conley explained that the lot is over 5 acres and has two entrances -- one on West Street with 85 feet frontage and one on Pine Street with 55 feet frontage. Mr. Conley stated that he feels splitting the property into two lots would not be detrimental to the neighborhood. Mr. Conley further stated that it would be better to split the property into two house lots than to turn it into a sub - development. Mr. Wojtkiewicz asked Mr. Conley if he realized how long the driveways would have to be in order for the dwellings to conform in all other respects to the By -Laws if a variance was granted. Mr. Conley stated he knew the driveways would be long and the dwellings would conform in all other respects. Mr. DeTrolio asked Mr. Conley if he knew a previous variance was granted at the time he bought the lot from Walter Alfieri, and Mr. Conley replied no. Mr. Conley stated that he found out at a later date through dealings with the Planning Board. Mr. Conley further explained that after he bought the lot from Walter Alfieri, he purchased another sliver of land adjoining the lot which added another entrance on Pine Street. Mr. Butler asked Mr. Conley if the non- conformance of 85 feet of frontage bothered him at the time he purchased the lot. Mr. Conley replied no because he knew he could buy more land with the Pine Street entrance. Minutes of February 18, 1992 Page 3 of 4 It was determined that the original variance was to subdivide a 10 acre lot into two 5 acre lots, and that the only change now is to subdivide Mr. Conley's 5 acre lot into two lots -- one entering on Pine Street and one entering on West Street. Mr. Conley's son -in -law submitted Exhibit "D ", a Plan of Land showing proposed locations of the driveways, dwellings, and septic systems. He explained that the lots are completely wooded and the driveways are designed with the least amount of impact on the property. Jeff Conley, Mr. Conley's son, stated that there are no wetlands on the property. Mr. DeTrolio asked Mr. Conley if the house lots were for family members. Mr. Conley stated that the two lots would be for his daughter and son. Mr. Conley's son -in -law stated that the previous variance granted to Walter Alfieri had expired according to the Planning Board. No abutters were present. The hearing ended at 8:05 P.M. The hearing on the application of Willard Manteiga for a Variance from Section 4 Schedule 4.2.1 of the Zoning By -Law to allow an existing single - family dwelling at 4 Angelina Lane with less than the required minimum front yard setback in the R -1 Zone began at 8:05 P.M. Mr. Secher and Mr. DeTrolio were appointed as voting members for this hearing in place of Mrs. Cotton and Mr. Flynn. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of Land dated 1/22/92 prepared by Yunits Engineering Co. of Holbrook, MA, as Exhibit "C ". Mr. Butler read a letter from the Planning Board into the record. With seven members present, they voted unanimously to send a positive recommendation on the application. Mr. Manteiga explained that the original plans show the house with a 40 foot front yard setback but the house was set incorrectly. When he went to refinance, one corner of the house was measured at 36 feet from his front property line. Mr. Butler asked which engineering company made the original plans, and Mr. Manteiga stated Bradford Engineering. Mr. Manteiga explained that at the time the house was built, he had to cut off a section of the deck on the back of the house in order to comply with the By -Laws. Mr. Manteiga stated he had a weird - shaped lot. Mr. Butler stated that some engineers do not know how to measure correctly from the curves of cul -de -sacs. No abutters were present. The hearing ended at 8:10 P.N. A motion was made by Mr. Clemmey and seconded by Mr. Secher to grant a variance to Willard Manteiga. Unanimously granted. Mr. Butler stated that a list should be kept of engineering companies responsible for measuring incorrectly. Minutes of February 18, 1992 Page 4 of 4 A motion was made by Mr. DeTrolio and seconded by Mr. Butler to grant a variance to David and Barbara Conley. Mr. Butler stated that the situation is two -sided -- the previous variance states that the property should only include one house lot but now there is another entrance. It was determined that Mr. Conley may be able to apply for a residential compound with the Planning Board in order to include more than one house lot on the property. Mr. Secher felt that Mr. Conley did not sufficiently prove a hardship. Mr. Wojtkiewicz felt that since he signed the original decision, he has a problem with signing a different decision. Mr. DeTrolio voted in favor of the motion, Mr. Wojtkiewicz, Mr. Butler, and Mr. Secher voted against the motion, and Mr. Clemmey abstained. Motion failed; variance is not granted. A motion was made by Mr. Secher and seconded by Mr. Butler to grant a variance to Elizabeth A. Clemmey. Mr. Secher stated that he was not sure a variance is needed, but it was determined that if the property was ever sold, a variance would be needed. Unanimously granted. The minutes of February 4, 1992, were approved with minor revisions. Mr. Wojtkiewicz read the Zoning Board's recent correspondence. The Town Manager had requested any fee increases to be put in writing by February 18, 1992. The Zoning Board's budget was included on the agenda of February 18, 1992, but since Richard Lewis was on vacation, it could not be discussed. It was determined that any fee increases or the separation of advertising costs could not be voted on until the Board discussed Richard Lewis' research on the budget. The Board will meet March 3, 1992, to discuss the budget (no hearings are scheduled). The meeting adjourned at 8:45 P.M. Respectfully su itted, Eric Butler, Acting Clerk Next meeting March 3, 1992